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See page 2 for a complete listing of this issue’s contents.

WWW.MASSBAR.ORG Volume 21 | NUMBER 5 | January 2014

PRESIDENT’S VIEW Douglas K. Sheff Meet the new chiefs New year, new The Trial Court appointed new chief justices for three of its departments over the last few months: the District Court, Boston Municipal Court and Land Court. While District Court Chief Justice Paul C. Dawley has been at the helm since strategies September 2013, Land Court Chief Justice Judith Chanoux Cutler and BMC Chief Justice Roberto Ronquillo Jr. began their terms this month. As the Trial Court court moves into 2014, Lawyers Journal sat down with the three new chiefs For the judges in our court system, to get a sense of their departments’ priorities and what lies ahead for their respective courts. 2014 is indeed a happy new year, thanks to their long-awaited judicial pay raise, which goes into effect this year. As members of the Massachusetts Bar As- sociation, we can also take pride in the MBA’s longstanding support, which helped push through this well-deserved increase. But we cannot sit on our lau- rels. Court funding and funding for legal aid remains a critical issue, despite our recent success. Later this month we will once again “Walk to the Hill” in support of civil legal aid. I encourage you to join us on Jan. 30, for one of the largest lobbying events in the commonwealth, where Hon. Judith Chanoux Cutler Hon. Paul C. Dawley Roberto Ronquillo Jr. hundreds of lawyers will fill the Great Land Court District Court Boston Municipal Court Hall at the State House to request more funding for the Massachusetts Legal As- What do you hope to accomplish in What inspired you to enter the high- What are the particular challenges of sistance Corporation. your first year? ly competitive process to become a an urban court? In the spirit of this important an- What I hope to accomplish in the chief? The challenge is knowing and learn- nual tradition, I’m pleased to launch a first several months is to continue work I believe it is a privilege to be Chief ing that community — knowing what new program, which I call “12 for 12,” on achieving the Land Court’s goals Justice of the District Court. Our court that community needs, so that we as a where we will invite the public to be al- and objectives for FY 2014, to moni- is where the public often gains its first court can serve that community prop- lies in our annual call for court funding. tor and evaluate the progress to achieve and only impression of the justice sys- erly. We do that by being accessible We will ask 12,000 lawyers to ask 12 of them, and then to identify goals and tem. As the largest Trial Court depart- to that community, to lawyers and liti- their clients to send letters to their elect- objectives for FY 2015. In six 6 ment, our courts hear a wide 6 gants, and having the judges in 7 ed representatives requesting in- 2 Great Expectations Blue Ribbon Commission to Impact of e-discovery rules, examine prosecutor, defender other new laws, lead 2014 pay for first time in 20 years predictions Massachusetts Bar Association uncover deeper problems, requiring an President Douglas K. Sheff appointed a urgent response from state legislators. Blue Ribbon Commission on Criminal “The lack of proper compensation in Justice Compensation last month to ex- our criminal justice system is not sim- amine the impact of low prosecutor and ply a court issue; it is a direct affront public defender salaries on the state’s to the public’s constitutional rights to a criminal justice system. fair and speedy trial and effective assis- The Blue Ribbon Commission is tance of counsel,” said MBA President comprised of a select group of leaders Douglas K. Sheff. “It is my sincere hope from law and business, including for- that the Blue Ribbon Commission’s mer elected representatives and judges. forthcoming report, containing the rec- Its members are expected to take up the ommendations of some of our most re- mantle from the MBA’s groundbreaking spected and forward-thinking leaders, “Callahan Report,” which in 1994 found will spark the appropriate action in the It happens all the time — last section leaders and others to address that an inadequate salary structure hin- commonwealth that this critical issue year’s changes turn into this year’s the issues they see coming up next for dered the criminal justice system’s abil- deserves.” challenges. When new laws are an- lawyers in the year ahead. According ity to operate fairly and effectively. With The commission is chaired by Rich- nounced, new questions inevitably fol- to our responses, 2014 may be the year little movement in criminal justice sala- ard P. Campbell, MBA Past President. low. The same can be said of 2014, if of the “e” — as in e-discovery, the ries nearly 20 years later, the Blue Rib- Commission members include Denise lawyers’ predictions hold true. economy and the effects of a number bon Commission anticipates its report, Squillante, MBA Past President; Wil- Lawyers Journal asked many of our of new rules and regulations. 16 expected in the next few months, will liam D. Delahunt, former con- 11 2 Massachusetts Lawyers Journal | January 2014

PRESIDENT’S VIEW Continued from page 1 creased legal aid and support for our courts. Once the governor the homeless and others who are often lost without free legal Volume 21 / No. 5 / January 2014 announces his budget proposal we have a critical 12-week pe- representation. Once we explain to our clients the importance of editor/director of media riod to make our voices heard before the House and Senate take having swift and effective courts and equal access to justice, we and communications: Jason M. Scally, Esq. can harness the power of their collective voices and highlight up their budget deliberations. That’s why we’re acting now. The ASSISTANT EDITOR: Kelsey Sadoff MBA will provide the background information and resources the strong public need for proper funding. for you and your clients this month. I’m asking you to help us Not only do courts need more funding, so do many of the Senior Design Manager: N. Elyse Lindahl get the word out. people who keep them running, especially in our criminal jus- Chief Operating Officer/ “12 for 12” is a new strategy for a new landscape. While tice system. That’s why last month I also appointed a Blue Rib- Chief Legal Counsel: Martin W. Healy, Esq. lawyers, especially those of us at the MBA, have a history of bon Commission to study how low salaries for prosecutors and LEGAL EDITOR: Martin W. Healy, Esq. speaking up for the courts and legal aid, today we face the real- public defenders are impacting our courts — the first since the DIRECTOR OF POLICY AND OPERATIONS: Lee Ann Constantine ity of a different kind of Legislature, where lawyers no longer MBA’s “Callahan Report” in 1994. I am grateful to Past MBA dominate the ranks of our elected officials. By getting our cli- President Richard Campbell, who has agreed to chair this im- PRESIDENT: Douglas K. Sheff, Esq. ents involved, “12 for 12” will send a strong message that court portant undertaking, which also features some of the brightest PRESIDENT-ELECT: Marsha V. Kazarosian, Esq. funding and funding for legal aid are not just lawyer issues, they minds from government, law and business. VICE PRESIDENT: Martha Rush O’Mara, Esq. are issues that touch everyday citizens — their constituents. Thanks to our unwavering advocacy, our court system is Many people aren’t aware that they need effective courts un- well on the way to recovery. But it’s still not where it needs to VICE PRESIDENT: Christopher P. Sullivan, Esq. til they need an effective court, but we understand that this is an be. I firmly believe that if you don’t get your desired result, you TREASURER: Robert W. Harnais, Esq. ongoing, systemic problem. It impacts public hours and staffing must keep trying new approaches until you achieve your goal. SECRETARY: Christopher A. Kenney, Esq. levels, whether you’re someone who needs to resolve a dispute “12 for 12” and our Blue Ribbon Commission are part of this or someone looking to file an important document to protect new thinking. © 2014 Massachusetts Bar Association your family. And funding for civil legal aid directly impacts ac- We will have a properly funded court system that reflects its Materials not to be reproduced without permission. cess to justice for the people in our communities who need it importance in the commonwealth. And we won’t stop working most: victims of domestic violence, the elderly and infirmed, for it until we do. ■ Lawyers Journal (ISSN 1524-1823) is published monthly by the Massachusetts Bar Association, 20 West St, Boston, MA 02111-1204. Periodicals postage paid at Boston, MA 02205. Postmaster: send address changes to Lawyers Journal, 20 West St., Boston, MA 02111-1204. Bar Seen Subscription rate for members is $20, which is included in the Snapshots from around the MBA dues. U.S. subscription rate to non-members is $30. Single copies are $3.

MBA leaders meet with Ethiopian delegation Telephone numbers: editorial (617) 338-0680; general MBA (617) 338-0500. MBA President Douglas K. Email address: [email protected]. Sheff, Vice President Christo- pher P. Sullivan and Treasurer Readers are invited to express their opinions as letters to Robert W. Harnais met with the editor and op-ed commentaries. All submissions are Tegene Kifle, president of the subject to editing for length and content. Submit letters and Ethiopian Supreme Court, and commentaries to: Editor, Lawyers Journal, at the address given above or via email to [email protected], Demeke Dessalegn, secretariat or fax to (617) 542-7947. of the Federal Judicial Admin- istration Council on Wednes- day, Nov. 20. Their discussion centered around the MBA’s efforts on bench-bar relations, A publication of the Massachusetts Bar Association as well as previous judicial evaluations. ■

Photo by Jason Scally From left: MBA Treasurer Robert W. Harnais, MBA President Douglas K. Sheff, President of the Ethiopian Supreme The Warren Group Court Tegene Kifle, Secretariat of the Federal Judicial Administration Council Demeke Dessalegn and MBA Vice President Design / Production / Advertising Christopher P. Sullivan Advertising (617) 896-5344 Events (617) 338-5314

Experts & Resources Inside This Issue 10, 11, 12, 13, 14

On The Cover BAR news 12 MyBarAccess Tags: Help fellow members find important documents • President’s View 4 Internet scammers continue to target attorneys and financial institutions 12 calendar of events • Meet the new chiefs 4 MBA Membership Advantage 13 BAR SEEn • Impact of e-discovery rules, other new laws, lead 2014 predictions 5 In-House Counsel Conference 13 MEMBER SPOTLIGHTS A Success • Blue Ribbon Commission to examine 13 MBA seeks nominations for 2014-15 prosecutor, defender pay for first time 7 MBA to sponsor Know Your Rights! officer, delegate positions in 20 years 8 MBA Holds Inaugural 14 Join the Massachusetts SOLACE chapter SPECIAL FEATURES probate law conference 8 ‘Feed Your Mind‘ legal Lunch Program 15 MBA cle at-a-glance 2 Bar Seen provides Trial Guidance 18 Massachusetts Bar Foundation News 10 MBA joins effort to raise $1M for Pine 19 notable and quotable legal news Street Inn 3 News from the courts 10 Western Mass. Bankruptcy for your practice 3 Judges honored for leadership, Conference features ‘State of the judicial excellence District’ 18 10 New Year’s resolutions for your practice 11 ‘Color of Justice’ Program encourages careers in law Massachusetts Lawyers Journal | January 2014 3 LEGAL NEWS Judges honored for leadership, News from judicial excellence the Courts Supreme Judicial Court Chief Justice Roderick L. Ireland and eight other judges were honored at the Mas- Innovation grants sachusetts Judges Conference Annual Meeting in Novem- announced ber. Ten Innovation Grants to implement At the meeting, Ireland received the President’s Award projects proposed by local courts were an- for his leadership of the judiciary. The other honorees re- nounced by Chief Justice Paula M. Carey ceived Judicial Excellence Awards for their demonstrated and Court Administrator Harry Spence. A commitment to judicial excellence, leadership qualities 10-member review team of volunteers re- on and off the bench, and ability to maintain the highest viewed 40 proposals submitted to the In- professional and ethical standards of the profession. novation Grant program. Funds were re- Judicial Excellence Awards were presented to: quested for a range of projects, including • Hon. Terry M. Craven, First Justice, Boston Juvenile training, new applications of technology Court and program enhancements. • Hon. Joseph I. Dever (ret.), Former First Justice, The 10 approved projects will cost an Lynn District Court estimated total of $38,600, ranging from • Hon. Judith Fabricant, Associate Justice, Superior Photo by Susan Ogan, MarbleRosePhotography, copyright 2013 $500 to $10,000 each. They include pro- Court (From left): Massachusetts Judges Conference President Juvenile Court Judge James G. Collins moting extended hours, improving public • Hon. Dina E. Fein, First Justice, Western Division, (Judicial Excellence Award recipient), Housing Court First Justice Dina E. Fein (President’s Award recipient), Supreme Judicial Court Chief Justice Roderick L. Ireland, Nominating information through printed and video Housing Court Committee Chair and Housing Court Judge Robert G. Fields and Program Chair Judge Michael materials, training for a program to sup- • Hon. Ellen Flatley, Associate Justice, Lynn District C. Lauranzano. port adolescent women and development Court of courtwide databases to enhance opera- • Hon. Mary Anne Sahagian, First Justice, Essex Pro- tions. bate and Family Court “This is an exciting new initiative that • Hon. Mitchell J. Sikora Jr., Associate Justice, Ap- supports the goals of the Trial Court’s peals Court strategic plan,” said Carey. “We wanted to • Hon. Robert N. Tochka, First Justice, Boston Munici- encourage employees to consider ways to pal Court, Dorchester Division improve the delivery of justice and courts across the state stepped up to take advan- The Massachusetts Judges Conference aims to pro- tage of this opportunity. We thank the vide an independent voice on behalf of judges, works to 10-member review team, which brought advance the interests of judges and promotes the profes- a great range of expertise to this new pro- sional development of judges to instill public confidence gram.” in the courts, while preserving an independent judiciary The Innovation Grant Program will is- and respect for the rule of law. The Judicial Excellence Photo courtesy of Douglas K. Sheff sue another request for proposals in mid- Awards were established in 1996 under the leadership of Massachusetts Judges Conference President Juvenile Court Judge James G. Collins, February. Contact Grant Manager Jessica Probate and Family Court Judge and past Massachusetts Former Attorney General Francis X. Bellotti, MBA President Douglas K. Sheff and Fix for information on this initiative. ■ Judges Conference President James Sweeney. ■ Boston Municipal Court Judge Thomas C. Horgan. 4 Massachusetts Lawyers Journal | January 2014 Bar News Internet scammers continue to target attorneys and financial institutions

The IOLTA account has been looted, Has the prospective client used the their activity is not fraudulent, but most by Jayne Tyrrell and the attorney can seldom recover the name of a prominent attorney in the scammers won’t bother responding to transferred funds. state as someone who recommended your request. It can come Sometimes the scheme involves you? Check with the referring party to Or request tax ID numbers and as an email, a other facts. For example, it could be a see if it is legitimate. make representation contingent on their letter, a fax or request to seek collection on an unpaid Is the request outside your area of agreement that a separate, segregated even a phone property settlement from an ex-spouse expertise? Do not refer a solicitation to attorney-client account be established call. It appears pursuant to a divorce decree. The pa- someone in your firm or with the proper for depositing only their funds. to be a legiti- pers all look in order. But, in almost expertise if you haven’t checked it out. According to the cyber experts, In- mate request all cases, the attorney is being asked to Don’t enable the scam. ternet scams are not going to stop any- for legal as- transfer funds to a foreign bank before Does the request lack specifics? time soon. Not only do the scammers sistance from the deposited funds have been collected That may indicate that it was sent to need the money more in a down econ- a prospective by the IOLTA account bank and be- multiple people? omy, but they know also that you, their client who is come available to cover the transferred Does the request contain odd legal target, may be more vulnerable to “earn Jayne Tyrrell seeking rep- amount. terminology, spelling or grammatical money now” solicitations. resentation in This can never happen to you if you errors? What can you do if you think you a debt collection matter. The attorney insist on a critical safeguard: always Does the communication use round might be the target of a scam? Make and client negotiate the terms of the re- wait for bank verification that the de- numbers such as $400,000 exactly? a report immediately to the Internet lationship, including a fee agreement. posited funds have been collected from Round numbers can signal a scam. Crime Complaint Center on the ic3.gov The client presents what appears to the check issuer’s account before trans- Does the email detail a transaction website. If money has been lost, notify be a valid cashier’s check, drawn on a ferring any of the funds from your IOL- where money is already owed and you local police or the FBI, as well as the reputable bank, supposedly a settlement TA account. are merely being asked to handle funds Internet Crime Complaint Center. check from the debtor. After the check Sometimes there are other warning for payment? This is an important part For more information, please con- is deposited in the attorney’s client trust signs that may help you identify that of the scam. tact the IOLTA Committee at (617) 723- account, the client asks that the funds, you are being scammed: There are affirmative practices that 9093. less the attorney’s fees, be wired to a Is the email addressed to you per- may chase a scammer away. Require foreign bank. sonally or is it a generic salutation? Ge- a retainer for your anticipated legal Jayne Tyrrell is the director of the Then it all collapses. The cashier’s neric salutations (like “Dear Attorney”) services. A check to your office from Massachusetts Interest on Lawyers’ Trust check was fraudulent and doesn’t clear. are a good reason to not respond. the client is not necessarily proof that Accounts. ■

MEMBERSHIP ADVA NTAGE

MBA MeMBers donAte children’s FIRM BENEFITS iteMs to crAdles to crAyons

this holiday season, the Massachusetts Bar Association Robins Kaplan joined Cradles to Crayons’ Gear up for Winter program — a belongs because... collection for children’s coats, warm clothing and boots to help thousands of families. thanks to the generosity of our members, our collection bin was overflowing with donations! “As a large firm, we recognize the MBA as the premier statewide voice of the legal profession here in Massachusetts. Besides providing our lawyers great networking opportunities with judges, as well as with their fellow attorneys, thank you to everyone who the MBA sections and division also create awareness of the substantive issues donated children’s items and in their practice areas.” helped make a difference, Christopher p. sullivAn including members of the MBA vice president and Membership Committee co-chair partner at robins, Kaplan, Miller & Ciresi llp, an MBA honor roll firm MBA’s Young lawyers Division for their concerted effort. Want to be a part of the Mba’s honor roll? learn how at Massbar.org/honorroll. (honor roll firms include five or more Massachusetts attorneys who are Mba members.) you Belong here* Massachusetts Lawyers Journal | January 2014 5 Bar News In-House Counsel Conference a success

The 11th Annual In-House Coun- Denny-Brown, Robert Cicero and sel Conference took place Dec. 6 at Stephanie Lambert to the dais to dis- the Massachusetts Bar Association. cuss best practices in managing busi- This year’s conference was co-chaired ness contracts, including contract by longtime MBA members James C. terms that are commonly encountered, Donnelly Jr., Robert J. Kerwin, Peter and how to manage risks presented by D. McDermott and David A. Parke. company contracts and contract man- The half-day conference featured a agement systems. number of excellent panelists and The morning concluded with U.S. comments from Edward Seksay, gen- District Dennis F. Saylor providing eral counsel of Rockland Trust Com- the attendees with a judge’s perspec- pany and U.S. District Court Judge tive on issues that are particular to in- Dennis F. Saylor IV. house counsel, specifically the evolv- Parke welcomed attendees to the ing standards for discovery of elec- conference and introduced Seksay who tronically stored information. discussed his career path that lead up After a brief break, the audience to his current position as general coun- was treated to the annual “lightning sel of Rockland Trust. Since some in- round.” Banner & Witcoff partner Er- house counsel positions can be some- nest V. Linek covered remedies and what isolating, Seksay stressed the awards in trademark litigation and importance of building a professional gave an in-depth, 15-minute overview network. A vast professional network of everything one needs to know about of other in-house professionals can trademarks. make a huge difference in the quality Donnelley concluded the program- of legal services, as well as an impact ming by moderating an interactive dis- on effective decision-making within cussion on topics in employment law, the in-house law department. including what to do if an employee Kerwin began the first substantive needs time off to care for a family panel by discussing challenges and member, how to deal with requests to strategies that help in-house counsel work from home and how to deal with comply with the evolving data privacy a threat of violence in the workplace. laws. The entire conference is available David Parke then welcomed Doug now on MBA On Demand. ■ Members of the legal community attend the Eleventh Annual In-House Counsel Conference on Dec. 6.

15th AnnuAl Save the WAlk to the hill for civil legAl Aid date thursday, Jan. 30, 11 a.m. great hall, state house

Join massachusetts bar Association members at one of the largest lobbying events at the state house.

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leArn more At WWW.mAssbAr.org 6 Massachusetts Lawyers Journal | January 2014

MEET THE NEW CHIEFS Continued from page 1 Land Court Chief Justice Judith Chanoux Cutler unrepresented pro se litigants to get attor- Should judicial evaluations be more open been able to bring in law students to work as Good to Know ney assistance if even for short periods or in terms of providing attorneys and the interns. We’ve also benefitted from the fel- Law school: Suffolk University for limited purposes, during litigation. This public insights in how problems are dealt lowship program in the last couple of years Law School is not only beneficial to them but [also] to with? where graduate law students are able to fill the court. We will also continue to work on I am on the judicial evaluation commit- positions here; that [has] relieved some of Judicial role model: Learned from improving public access to general informa- tee [which has been] working quite hard to the research/writing burden from judges. many justices. tion [through] the usefulness of our website. develop a process whereby there will be at- But we can’t rely on these temporary mea- torney involvement in the development of a sures as a long term solution. People would be surprised to learn: A year after it was implemented, how do new questionnaire, and the implementation The law was my third career choice you see Limited Assistance Representa- of a newer process. I think people don’t How can lawyers help? behind fine arts and the social sciences. tion (LAR) working in the Land Court? understand – I didn’t as an attorney – how They can and have helped a great deal. A career in urban planning led to my Judge Robert Foster has worked with important the feedback is to the judges. First of all, many lawyers have given time decision to go into law. the bar associations to encourage attorney All judges I’ve met only want to be better and energy to supporting the courts; just referral services to include LAR-qualified judges, and need constructive feedback, and in attending conferences, attending rallies, months, I hope to be able to give a fuller attorneys on their lists, and he also has par- really do take it to heart. talking with their representatives and so answer. Those goals are primarily focused ticipated in panels to try and introduce this forth to maintain funding for the courts, and around access to justice issues, general ef- as an effective tool, and educate attorneys on What are the hurdles you see for your that certainly is appreciated. fectiveness and internal accountability, ca- how to properly use it. … I think it involves court over the next several years? But the other thing that many individual pacity-building and continuing community a lot of training and some edges have to be A big immediate hurdle is that I will be attorneys can do, and many of them [have], participation and outreach to the public. smoothed out, but I see it going forward as dealing with the changeover of judges since is provide to the court useful filings. For ex- relieving a lot of the burdens of the court. two of seven judges are reaching manda- ample, if you’re filing for a simple motion, What will be the most challenging aspect tory retirement age in the next year and a supply the judge with a draft judgment, a of switching gears from judge to judicial As a judge, what benefit do you receive half. We will be losing seasoned judges, and draft order. Many attorneys are willing to administrator? from open dialogue with lawyers? a lot of institutional knowledge along with forward those as PDF or Word documents The biggest challenge will be to fill the We pride ourselves [on having] good them. Fortunately, the governor’s office has that [can be converted] easily and saves a shoes of Chief Justice [Karyn J.] Scheier. I relations with the area bar associations. … already begun the process of recruiting new lot of typing time. It helps the attorney to won’t be shifting entirely from sitting as a The judges here, and our chief title exam- judges to fill the vacancies as they come up, get more of what they want, and they can judge to being an administrator. Because we iner and our recorder, routinely are involved but we will have to deal with training and be very specific in what they’re asking for; have so few judges on this court, I will actu- in seminars and conferences [with the Real getting new judges up to speed. … Budget- those kinds of things providing information ally still be maintaining a substantial casel- Estate Bar Association for Massachusetts, ary issues are always a hurdle. The Land to the judges in a very logical and succinct oad while fulfilling my administrative role. the MBA and Massachusetts Continuing Court has been operating with a significant- manner can only help relieve the burden. Additionally, [I will be] familiarizing my- Legal Education]; one of the things about ly reduced staff level over the past several Many lawyers provide copies of the cases self with general court-wide issues in which that is that we get an opportunity at those years due to hiring freezes and attrition. But that they are citing so we don’t have to go all chief justices have to be involved in. It’s events to hear practicing attorneys’ views on we [were] finally allowed to make some and look it up. a big challenge, particularly in the first year, evolving legal issues and to meet and speak critical hires over the last couple of years [Additonally] attorneys who are willing but I certainly look forward to it. with attorneys on a one on one basis. It’s al- and that [greatly helped] us process our cas- and able to coordinate scheduling of mo- ways valuable to hear their comments and es and [get] them through the system. We’ve tions [are helpful]. … Attorneys who are Do you foresee any new reforms on the their concerns, whether they’re positive or also not had a full complement of law clerks prepared to say, “I talked to opposing coun- horizon for the Land Court? negative, and then to try to work together for at least three years, and in a court where sel and they are available this day and this No, not in the near future. We will to resolve something that’s of mutual inter- we do a significant amount of legal research day and this day, let us know if any of these continue to work on improving access to est. I think the LAR introduction is a perfect and writing … this is a handicap that we work,” [constitutes] an enormous amount of justice. Last year, we enacted a regulation example of this. We do get regular feedback have been trying to deal with. We are for- help. permitting Limited Assistance Represen- on our website and we adjust accordingly. tunate that we have good working relation- — Christina P. O’Neill tation in the court, which allows hitherto ships with the local law schools and we’ve District Court Chief Justice P aul C. Dawley Every day is a learning experience. This the work conducted in the courtroom. I have tive branch for recognizing this and improv- Good to Know position poses different challenges than visited 25 courts in my first four months as ing this situation. We need their continued Law School: Suffolk University those of being first justice of the Brockton chief justice. During these court visits, two support. Law School District Court or a regional administrative things strike me as obvious: first, the staff in justice due to the more numerous and wider the District Court is dedicated and commit- As a judge, what benefit do you receive Judicial Role Model: Former Superior array of issues that arise. The best leaders ted to serving the public, and second, each from open dialogue with lawyers? Court Chief Justice Robert Steadman. I have worked with in my career were fair, court uniquely serves the needs of its com- Feedback on operational and adminis- As a former prosecutor, I tried numer- open minded, inclusive, hard-working and munities. These visits reinforce, for me, the trative issues for the District Court is im- ous cases in front of him. He was an decisive. These are the leadership traits I ad- outstanding work that is being performed. portant, particularly as it relates to caseflow excellent trial judge with extensive mire and will try to emulate. management. An exchange of ideas with the knowledge of substantive law and the How has the crisis in the Hinton state lab bar is essential. It is more productive to gain rules of evidence. His work ethic was What is the more pressing issue you see affected your courts? input from the bar than to simply issue an tremendous and he was fair to all. for the modernization of the District The situation has had a significant im- edict. The plan to establish special sessions Court? pact not only on public safety, but also the to handle the Hinton drug lab cases is a good My observation is that the Trial Court operation of the District Court. Several example. That plan in the District Court was range of criminal, civil, mental health, abuse is making significant progress to modern- thousand District Court criminal cases, the product of informed discussions with prevention, small claims, housing and other ize the system. Electronic filing of cases and pending and post-conviction, were affected the district attorneys and CPCS. types of cases. Last year, 625,000 cases online accessibility of information are im- by the lab crisis. The procedure established were filed in our 62 courts. The court per- portant issues for the future efficiency of the in the District Court to expedite the han- Should judicial evaluations be more open sonnel do an excellent job of ensuring that District Court operations. For example, the dling of these cases has ensured fair and in terms of providing attorneys and the the system is accessible to all. potential ability of police departments to file efficient hearings. Prior to my appointment public insight into how problems are reports and applications for criminal com- as chief justice, I was one of the judges in dealt with? What do you hope to accomplish in your plaints online with the clerks’ offices will Plymouth County assigned to hear these I consider my role in the review of judi- first year? improve the efficiency and administration cases. I witnessed firsthand the significant cial performance evaluations as one of my I have established four major goals and of these offices. In addition, the use of vid- time and resources allocated to address the most important responsibilities. In the Dis- objectives for the District Court in 2014: eoconferencing equipment will modernize situation. With input from the district at- trict Court, judges spend considerable time working with the Probation Department to the system in other ways. The constructive torneys and [Committee for Public Counsel and effort on judicial performance enhance- reduce recidivism in criminal cases; im- use of technology will also permit greater Services (CPCS)], the special sessions set ment in areas such as mentoring, peer re- proving caseflow management; enhancing access by the public. In the long run, I think up to hear these cases have been an effective view and videotaping. In the District Court, judicial education and training for judges the modernization of these systems will way to deal with difficult circumstances. We we have also initiated quarterly meetings on and other court personnel; and increasing increase the public confidence in the Trial continue to monitor the situation. a regional basis to increase educational and public outreach efforts with the community, Court. training opportunities for judges. members of the bar, educators and legisla- What are the hurdles you see for your I do not favor disclosing remedial steps tors. What has been the biggest challenge court over the next several years? taken in the case of specific judges. The you’ve faced in your first few months on The most significant issue facing the statute that governs this procedure created Have you had to adjust your leadership the job? District Court over the next several years is a confidential process, which must be re- approach from prior roles now since The greatest challenge is learning the ensuring adequate resources to operate the spected. We have an outstanding judiciary you’ve taken the helm as leader of the issues and needs of each of our 62 courts. courts in a professional manner. We need in Massachusetts. In my experience, every largest judicial department in the com- My hope is that the administrative office adequate staffing to carry out our responsi- judge strives for excellence. monwealth? can serve as a positive support system for bilities. I credit the Legislature and execu- — Christina P. O’Neill Massachusetts Lawyers Journal | January 2014 7

MEET THE NEW CHIEFS Continued from page 1 BMC Chief Justice R oberto Ronquillo Jr. ment. I know that there is an expansion of there is any one part that is more important at the Boston Municipal Court are eager to Good to Know the specialty courts — the Drug Courts, the than any other. Obviously the access, the assist whenever we can. Law School: New England School of Veterans’ Court starting in the Central Divi- language access, is very important. We have Law (now New England Law | Boston) sion, [and] Mental Health courts — which to be sure that the people who appear be- How can lawyers help? is a large part of the Trial Court’s strategic fore us are in tune to what’s going on before Feedback is very important. I think an Judicial Role Model: It’s a compilation plan. [I will also] continue to work with the them. It’s treating people with dignity and open line of communication with the Massa- of many judges whom I appeared before judges and the staff to bring this court to the respect regardless of their ability to speak chusetts Bar Association [and] the other bar or who are my peers. next level. the language or understand the language associations allows the court what the law- with which the court normally conducts yers’ perspective is. Trust and confidence in People would be surprised to learn: Is your community involvement an inte- business, or socioeconomic level. The pur- the system is incredibly important, and this My hobby is auto mechanics. And I re- gral part of your role as a judge? pose of the court is to treat people, through can only be attained through continual com- built a 1973 Volkswagen Karmann Ghia, Part of what we do as a community justice, with dignity and speed. munication between the bench and the bar. and drive it still. court judge is to know, again, what the … I think we have a fabulous system, an needs of the community are. It is extreme- What are the hurdles you see for your exemplary set of employees, and the judges ly important. We judges try to be very ac- court over the next several years? that sit on the bench and the lawyers that ap- each of those communities be responsive to tive in the community. …We have the Law For the next few years I think the hurdles pear before us are very, very good lawyers. those needs. Day, in which the elementary, middle and are going to be mainly providing access to And continued communication to see what high schools participate in East Boston and justice within the changing needs of the the needs of both the lawyers and their cli- What inspired you to enter the highly Winthrop — parochial, public and private communities. [T]here is an increased num- ents are will only improve this system. competitive process to become a chief? schools. We have the kindergarten program, ber of pro se litigants, so we need to be able My observation as a lawyer of members where the kindergarteners come to the court to serve them properly as a court. There are You’ve touched on the community aspect of the Massachusetts judiciary and my ex- and we speak to them. We have the Chang- many limited English proficiency individu- of the court. Can you elaborate on your perience as a judge and my observing the ing Lives Through Literature Program, als who appear before the court, we must vision of the Boston Municipal Court sys- employees who work with the judiciary where we work with probationers, some of ensure they have an understanding of what tem? demonstrated to me the passion with which whom have gone on to higher education as transpires in the court, particularly when The Boston Municipal Court is eight we do what we do. When the opportunity a result of the program. [We have] the Drug they’re affected by whatever is going on in courts within the jurisdiction of Boston, arose, I felt it was a good opportunity for Court, which is very, very important to ad- that court. [We must have] the ability to as- each one situated in the heart of that com- me to take this department to the next level dressing the substance abuse needs within sist with the litigants who have alcohol or munity. We are central to that community to of excellence. Chief Justice [Charles] John- that community. substance abuse issues, mental health issues resolve any issues that come, so it’s impor- son laid an incredible foundation for me to So yes, it is critical that we as a court are or issues stemming from homelessness. We tant that we are in that community because build upon. And I felt that this is a great op- able to address each of those needs in order must try to assist, wherever we can, to al- there is access, quick access to those who portunity for the Boston Municipal Court to reduce recidivism. And knowing what is leviate those issues, if for no other reason need it. Restraining orders, Section 35 pe- to move on to the next level of excellence, necessary to address that is critical to us do- than many of those issues contribute to re- titions, those things are very important to again building on the foundation that Chief ing our job. cidivism. When the court can assistant in the people who come to our court. So it’s Justice Johnson has laid for us. any way to reduce recidivism, it’s very im- important for each judge in those communi- What are the most integral parts of the portant that we do. ties [to] do what we do well, which is help- What do you hope to accomplish in your Trial Courts new strategic plan (“Justice The Boston Municipal Court is intro- ing the community through justice. Only first year? with Dignity and Speed”), and how does ducing video conferencing [and] e-filing of through better knowing that community can Initially, I want to take an assessment the Language Access Advisory Commit- police complaints. We have a department- we better serve one another. And in each of of the Boston Municipal Court, see what tee fit in? wide call center that will be starting up soon. the eight communities there are different we do well and improve upon it, and where The strategic plan as a whole is a very, So there are a lot of initiatives rolling out needs. it needs to improve, make the improve- very important plan, of which I don’t think now in order to address those needs, and we — Joshua Crawford ■

Bar News Traumatic MBA to sponsor Brain Injury Know Your Rights! Our Team is Committed to Superior Results

professionally and personally, and by Michelle A. Keith provide an open forum for discussion. This program will consist of month- The Mas- ly classes on legal issues relating to sachusetts Bar housing, family law, employment, Association is education, immigration and Criminal excited to an- Offender Record Information. The nounce it is sessions will be taught by a broad teaming up range of faculty that includes judges, with the Wom- in-house corporate counsel, govern- en’s Bar As- ment attorneys and members of the sociation and legal services community. Women’s Bar This year, through the generous Foundation support of the MBA, the classes will Michelle A. Keith $9,800,000 of Massachu- be webcasted in real time and re- setts, the South corded, allowing organizations across Asian Bar Association of Greater the state to participate. The nonprofit $7,000,000 Boston, One Family Inc. (a nonprofit participants include the Pine Street dedicated to ending family homeless- Inn, LIFT, Cardinal Medeiros Cen- ness) and the law firm of Mintz, Levin, ter, YWCA Central Massachusetts, Ten Tremont Street $6,000,000 Cohn, Ferris, Glovsky and Popeo PC Safe Passage, REACH Beyond Do- Boston, MA 02108 to begin a Know Your Rights! program mestic Violence, Housing Families, $4,000,000 in February 2014. This will be the pro- The Women’s Center, The Children’s 617-227-7000 gram’s second year. Advocacy Center of Bristol County, www.shefflaw.com The goal of the program is to pro- YMCA Southcoast, YWCA South- $3,500,000 vide education on legal matters to eastern Massachusetts and the Center A Sixty Year Tradition of Excellence. leaders of local non-profit organiza- for Women, Gender & Sexuality at Generous referral fees tions that serve low-income women UMass Dartmouth. ■ $1,000,000 and their families and to bring togeth- er these organizations to share knowl- Michelle Keith is the chair of the MBA’s edge and strengthen connections, both Individual Rights & Responsibilities Section. 8 Massachusetts Lawyers Journal | January 2014 Bar News ‘Feed Your Mind’ MBA holds legal lunch program inaugural Probate provides trial Law Conference guidance The first annual Probate Law Confer- and said they appreciated the MBA’s con- ence was held Friday, Nov. 15, at Lombar- tinuing role as a “legal education resource The Hon. Andrew D’Angelo, and for- couraged to attend these FREE monthly do’s in Randolph. The one-day, inaugural for the bar.” mer MBA Vice President Jeffrey N. Cata- lunchtime programs. Geared toward civil conference included more than 200 attor- Conference co-chairs John G. Du- lano provided guidance and insight on litigators of all experience levels, this neys, judges, CPAs and other legal profes- gan of Doherty, Ciechanowski, Dugan & trying cases, from pre-trial to post-trial program provides an opportunity to par- sionals. Cannon PC, and Janice Nigro of Nigro, motions, at part one of a two-part “Feed ticipate in a discussion, in a collegial set- Registrants were offered the choice Pettepit & Lucas LLP said in a statement: Your Mind: Legal Lunch Series” on Dec. ting, where you can meet and exchange of four different tracks and were able to “We were delighted that more than 200 at- 10. Part two of this installment on trial ideas with other members of the profes- choose from four concurrent programs torneys from all across Massachusetts at- tips will be held in January. sion. The lunch series is coordinated by within those tracks. Topics ranged from tended the all-day conference. This was a All Massachusetts Bar Association the Civil Litigation Section and Young ■ basic estate planning to trust administra- reflection of the high caliber of the panel- members and their colleagues are en- Lawyers Division. tion, ethics and the MUPC. Probate and ists and the relevancy of the topics in our Family Court Chief Justice Angela M. Or- daily practices. We respect and thank all doñez gave the luncheon keynote address. who attended, for their interest in updat- Attendees credited the programs’ ex- ing their knowledge and striving for excel- perienced and informative speakers for lence in our profession. Look for an even making the conference a “fantastic” event, better conference next year.” ■

Legal Lunch moderator Craig Levey of Looney & Grossman LLP, former MBA Vice President Jeffrey N. Catalano, the Conference Co-Chair Janice Nigro speaks to Probate Law Conference Attendees on Nov. 15 Hon. Andrew D’Angelo and Legal Lunch moderator Courtney Shea of Looney & Grossman LLP.

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careMAlawyersJOURNAL.indd 1 8/16/13 1:12 PM 10 Massachusetts Lawyers Journal | January 2014 Experts&Resources Bar News MBA joins effort to ADR ADR raise $1M for Pine GLYNN MEDIATION Experience • Common Sense Resolution Street Inn Attorney Glynn has been designated as a neutral for both non-binding mediation and arbitration; he has successfully The Massachusetts Bar Association made managed those matters, either resolving/ a sizeable donation last month in support of settling cases in mediation or rendering the Boston Lawyers House Project at Boston’s fair/equitable decisions at arbitration. Pine Street Inn. Massachusetts Bar Association member Patrick T. Jones is leading the effort to raise $1 million from the Boston legal com- munity for this special housing initiative, which represents a tangible commitment by the legal Photo courtesy of Pine Street Inn community to improve the lives of the less for- One of the Pine Street Inn’s existing locations. tunate in our communities. org, or mailed (check payable to the Pine Street The Boston Lawyers House Project has Inn) to: Alicia Ianiere, Vice President of Capi- already raised more than $700,000 to fund tal & Leadership Giving, Pine Street Inn, 444 John B. Glynn, Esq. the acquisition and renovation of a building to Harrison Avenue, Boston, MA 02131. In the 25 Braintree Office Hill Park, Suite 408 house long-term homeless men and women. “notes” section, please indicate that the gift is Braintree, MA 02184 MBA President Douglas K. Sheff sent out a for Boston Lawyers House Project. 781-356-1399 message in December asking members to con- “MBA lawyers positively impact the lives [email protected] sider joining this critical effort. of others each day. We now have an incredible www.http://glhrlaw.com/john-b-glynn www.beverlyboorstein.com “If just 250 of our members commit $1,000 opportunity to make a lasting difference in the (over one to two years) to the Boston Lawyers fight against one of our community’s most vex- House Project, we will reach our goal,” Sheff ing issues: homelessness,” said Sheff, in his said. ADR ADR message. “I encourage you to stand with the Gifts of any size are appreciated, and all MBA and your fellow lawyers this holiday sea- participating attorneys or firms will be publicly son, and donate to the Boston Lawyers House recognized. Gifts can be made online through Project today. Let them know you’re a member a secure donation portal at www.pinestreetinn. of the MBA!” ■ Western Mass. Bankruptcy Conference features ‘State of the District’ Several dozen members of the legal community participated in the Massachu- setts Bar Association’s 12th Annual Western Massachusetts Bankruptcy conference on www.mdrs.com Tuesday, Dec. 3, at Western New England [email protected] University School of Law. The conference provided insights relative to the discharge- ability of student loans, strategies dealing ADR ADR with tax debt, and cases of note on appeal and before the U.S. Supreme Court during the past year. MERRIGAN ADR Four U.S. Bankruptcy Court judges from the District of Massachusetts were among the conference faculty: Hon. Frank Bailey (Chief Judge, Boston), Hon. Henry J. Boroff (Springfield), Hon. Joan N. Feeney (Boston), and Hon. Melvin S. Hoffman (Worcester). They were joined by conference co-chairs George I. Roumeliotis of Roumeliotis Law Group PC and Spencer A. Stone of Bacon Wilson PC. Henry E. Geberth Jr. of Hendel & Collins PC and Kara S. Rescia of Eaton & Hon. Thomas T. Merrigan (Ret.) Rescia LLP also served as panelists. Mediation And Arbitration Areas of expertise include Boroff spoke highly of the entire confer- » Business Litigation ence and highlighted some of the major pre- » Product Liability sentations: “Chief Judge Frank Bailey gave » Personal Injury & Negligence » Intellectual Property a ‘State of the District’ presentation and » Malpractice Judge Joan N. Feeney discussed upcoming Conference co-chairs George I. » Real Estate critically important United States Supreme » Domestic & Family Disputes Roumeliotis of Roumeliotis Law Court cases. Both were well received.” Group PC and Spencer A. Stone of MerriganADR.com He went on to thank those who help Bacon Wilson PC [email protected] make the conference possible and ensure its 617-948-2148 continued success. “We are indebted to the for their sponsorship and support of this pro- Massachusetts Bar Association, to Western gram,” said Boroff. “It has become a hall- New England University and the four West- mark of continuing legal education in bank- continued on page 11 ern Massachusetts county bar associations ruptcy for the District of Massachusetts.” ■ Massachusetts Lawyers Journal | January 2014 11 Bar News Experts&Resources ‘Color of Justice’ continued from page 10 program encourages ADR AVIATION LAW careers in law Would You The Massachusetts Bar Association’s MBA’s Tiered Community Mentoring Pro- Rather Tiered Community Mentoring Committee, gram in order to encourage legal profession- in conjunction with the National Associa- als to share their real life experiences with tion of Women Judges (NAWJ), presented a the high school, college and law school par- program to all attorney mentors and mentee ticipants. This included a discussion on the participants called “The Color of Justice: many and varied paths the participants took vs. Encouraging Students to Consider Legal that led to their careers in the law. NORTH SOUTH and Judicial Careers.” It was held on Nov. Thank you to the following judges and vs. 12, at New Mission High School in Hyde attorneys who shared insightsNORTH about their SOUTH Park. careers: NORTH vs. SOUTH The program was spearheaded and mod- • Hon. Shannon Frison, associate justice, erated by the Hon. MaryLou Muirhead, as- Superior Court sociate justice of the Boston Housing Court, • Hon. Geraldine Hines, associate justice, Gamble and the keynote speaker was the Hon. An- Appeals Court or be gela Ordoñez, chief justice of the Probate • Hon. Antoinette McLean Leoney, associWe- CouldCertain! Have Settled It! and Family Court and founder of the Tiered ate justice, District Court Community Mentoring Program. At the end • Hon. Amy Nechtem, associate justice,Dennis Ju- J. Calcagno, esq www.northeastmediation.com We Could617.328.8888 Have Settled It! Case Evaluation | Full Neutral Panel of the program, all speakers and participants venile Court were given the opportunity to have more • Hon. GloriaDennis Tan, J.associate Calcagno, justice, esq Juve- www.northeastmediation.com 617.328.8888 Case EvaluationWe | Full Could Neutral Panel Have Settled It! one-on-one discussions, and the option to nile Court Dennis J. Calcagno, esq www.northeastmediation.com network and coordinate visits to their vari- • Diane Chang, Esq., Department of Chil- 617.328.8888617. 328. 8888 Case Evaluation | Full Neutral Panel ous courts and law firms. dren & Families In 2001, NAWJ launched its first Color • Joseph Feaster Jr., Esq., McKenzie & As- of Justice program with funding provided by sociates PC court Reporting a grant from the Jessie Smith Noyes Foun- • Joseph Kaigler Sr., Esq., Massachusetts brain injury dation. This foundation strives to promote Port Authority social change to bring about a more just and • JoeAnn Smith, Esq., first assistant clerk Would You Know A equitable world. NAWJ partnered with the magistrate, Boston Housing Court ■ HEAD INJURY If You Saw One?

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Chief Justice of the Probate and Family Court Angela M. Ordoñez, founder of the MBA’s Tiered Community Mentoring Program, speaks to students at “The Color of Justice: Encouraging Students to Consider Legal and Judicial Careers” event. court reporting DATA SECURITY

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continued on page 12 12 Massachusetts Lawyers Journal | January 2014 Experts&Resources Bar News MyBarAccess continued from page 11 Tags: Help fellow members e-discovery DIABILITY INSURANCE find important documents The Massachusetts Bar Associa- tion’s My Bar Access, a valuable mem- ber benefit, provides MBA members ● ● with an opportunity to share practice O information in one convenient, online O’Connell, Attmore &M Morris, LLC location. When you exchange documents Daniel T. Wright, Esquire and multimedia links within a My Bar section’s name and content type, you are Access member group, don’t forget to making it easier for your fellow MBA Former Lead Disability complete the Tag Your Entry template members to find helpful resources when Counsel for MassMutual while uploading to the site. they search for a particular topic on My By “tagging” your documents with a Bar Access. ■ Disability Insurance Claims Litigation Calendar of Events www.oamlaw.com [email protected] 800-261-8522 Tuesday, Jan. 21 Thursday, Feb. 13

HARTFORD BOSTON Managing Your Work Search Practicing with Professionalism Process 8:30 a.m.-5:30 p.m. www.Evidox.com 10 a.m.-noon UMass Medical School, MBA, 20 West St., Boston 55 Lake Avenue North, Worcester

Tiered Community Mentoring ESTATE Planning expert witness Wednesday, Jan. 22 Speed Networking Event 9:30 a.m.-12:30 p.m. MBA’s A View From the Bench Roxbury Community College, Series and Reception: 1234 Columbus Ave, Roxbury Appellate Practice Crossing 4:30-7:30 p.m. MBA, 20 West St., Boston Tuesday, Feb. 18 Managing Your Search Process Thursday, Jan. 23 10 a.m.-noon Practicing with Professionalism MBA, 20 West St., Boston 8:30 a.m.-5:30 p.m. University of Massachusetts Boston, 100 Morrissey Blvd., Thursday, Feb. 20 McCormack Hall, Ryan Lounge, Boston Irreparable Harm Enforcing and Escaping Employee MBF Annual Meeting Non-Competition Agreements 5:30-7:30 p.m. 4-5:30 p.m. Social Law Library, Foley Hoag LLP, John Adams Courthouse, 155 Seaport Boulevard, Boston 1 Pemberton Square, Boston

Tuesday, Feb. 25 Thursday, Jan. 30 Lifecycle of a Business Part IV 15th Annual Walk to the Hill for 5-7 p.m. Civil Legal Aid MBA, 20 West St., Boston 11 a.m.-1 p.m. Massachusetts State House, Great Hall, Boston LEGAL RESEARCH MEDIATION Thursday, Feb. 27 Uniform Commercial Code Tuesday, Feb. 4 Conference Noon-6:30 p.m. Managing Your Work Search New England Law | Boston, Process 154 Stuart St., Boston 10 a.m.-noon MBA, 20 West St., Boston

EB5 Nuts and Bolts: The Basics of the Investment Visa Program 3:30-5 p.m. Real-time webcast available Mediation and MBA, 20 West St., Boston for purchase through MBA On Demand at www. massbar.org/ondemand. Arbitration of all Lifecycle of a Business Part III Domestic Relations 5-7 p.m. and Probate Matters MBA, 20 West St., Boston 1,433 Massachusetts Attorneys have used Indicates recorded session available for purchase (after live program) through MBA On Demand at www. Wednesday, Feb. 5 massbar.org/ondemand. MBA Monthly Dial-A-Lawyer Program For more Judge Steinberg Judge Smoot Judge Kopelman 5:30–7:30 p.m. Statewide dial-in #: information, visit 508-588-5800 (617) 338-0610 massbar.org/ [email protected] events/calendar www.bostonareamediation.com

continued on page 13 Massachusetts Lawyers Journal | January 2014 13 Bar News Experts&Resources

Bar Seen Snapshots from around the MBA continued from page 12 MBA hosts holiday receptions AAD 2"x4"su colorret ady L1:Layoutbonds 1 3/19/10 2:19 ta x attorney

Looking for an experieNCed A.A.DORITY tax attorNey for your cLients? riCk stoNe l aw SURETY From left: MBA Young Lawyers Division (YLD) Berkshire County Director Colin J. Caffrey, Max Bauer, YLD Director-At-Large Victoria Santoro, YLD Director-At-Large Jason E. Armiger, YLD Plymouth CChairHAIR -- MMAa BBARar ASSassN.N. BONDS TAXATIOstate taxN SEpraCTIOCtiCNe group County Director Steven M. Ayr and YLD Suffolk County Director Melissa Ann Conner at casino night. ViCe Chair - Ma Bar assN. More photos available at www.massbar.org. Since 1899 SERtaxatioVINGN M seA CBtioAR NASSN. MserEMBViNERSg MAaN DBar THEIR ass CNLIE. NTS MeMBers aNd their ClieNts Office: 617-523-2935 STATE, FEDERAL, AND Istate,NTERN federal,ATIONAL aTAXNd M ATTERS Member Spotlights Fax: 617-523-1707 iNterNatioNal tax Matters

planning INTERNALsales & REVENUE use tax SERVICE Ponsor publishes novel www.aadority.com audits MAcorporate DEPT. OF REVENUE income/ appeals excise tax trial of Kristen Gilbert, who killed four CIVIL AND CRIMINAL TAX A.A. DORITY litigation multistate taxation ailing patients under her care at the COMPANY, INC. Veteran’s Administration Hospital in ( 617(617) ) 848848 - 9360 - 9360 262 Washington St. • Suite 99 Northampton, and attempted to kill two Boston, MA 02108 ( 888(888) ) 483483 -5884 - 5884 more. www.rickstonelaw.com The book primarily deals with a [email protected] drive-by shooting in which two are killed, a nurse and a known drug dealer. The book highlights not only the ADR real-life aspects of the criminal justice system generally, but the thoughts and SUGARMAN, ROGERS, BARSHAK & COHEN, P.C. pressures placed on the specific actors Photo courtesy of The Springfield Republican SRBC Attorneys at Law U.S. District Court Judge Michael A. Ponsor within it. A veteran defense attorney and an ambitious prosecutor clash as a new U.S. District Court Judge Michael judge must referee. A. Ponsor has penned his first novel Ponsor was appointed as a magis- titled, “The Hanging Judge,” which is trate judge in 1984 by President Ron- Mediation • Arbitration now commercially available. The book ald Reagan, and then a district judge 10 by a trial lawyer with over draws upon Ponsor’s years as a federal years later by President Bill Clinton; he trial judge, in particular his experience took senior status in 2011, but still hears 20 years of experience as presiding over the 2001 death penalty both criminal and civil cases. a neutral

Jeffrey S. Stern MBA member honored with American College of Civil Trial Mediators 2013 Pro Bono Publico Award National Academy of Distinguished Neutrals The United States Bankruptcy Court vision Award. for the District of Massachusetts an- Goldsmith was honored for his com- Business • Probate Disputes • Employment • Products Liability nounced the mitment to representing indigent parties in Personal Injury • Medical Malpractice • Construction recipients of all aspects of bankruptcy matters, as well Professional Malpractice • Insurance • Partnership Dissolution the 2013 Pro as mentoring of new bankruptcy practitio- Bono Publico ners. He has served as a panelist and lec- awards, and turer on a number of bankruptcy and bank- 617-227-3030 • www.srbc.com • [email protected] MBA mem- ruptcy related programs. In addition, Gold- ber Jonathan smith’s commitment to encouraging others R. Goldsmith to engage in pro bono services made him Mass Lawyers Journal MEDIATION of Goldsmith, an ideal recipient of the inaugural award. 4” high” x 4” wide” Katz & Ar- Goldsmith is also a member of the genio PC American Bankruptcy Institute and is a received the former New England District Chair of the 2012 Western Di- Commercial Law League of America. ■

MBA seeks nominations for 2014-15 officer, delegate positions Submit nominations to MBA by Friday, Feb. 21

The Massachusetts Bar Association hand-deliver the information to: is currently accepting nominations for Massachusetts Bar Association officer and delegate positions for the Attn: Christopher A. Kenney, MBA 2014-15 membership year. secretary Nominees must submit a letter of in- 20 West St., Boston, MA 02111 tent and a current resume to MBA Sec- If you have any questions about the retary Christopher A. Kenney by 5 p.m. nomination process, call MBA Chief on Friday, Feb. 21, 2014 to be eligible. Operating Officer Martin W. Healy at To submit a nomination, mail or (617) 988-4777. ■ continued on page 14 14 Massachusetts Lawyers Journal | January 2014 Experts&Resources Bar News

continued from page 13 Join the MEDIATION Mediation Massachusetts Bette J. Roth, Esq. Francis A. Ford, Esq. Former Worcester Country Clerk of Courts SOLACE chapter Extensive Mediation & Trial Experience • Mediator Do you know someone who needs the legal “family” needs assistance. If you help due to a death, illness or other cata- are able to help, you can reply and be put Never again ad.pdf 3/16/06 •12:47:01 Arbitrator PM strophic loss? Join the Massachusetts in touch with the requester. There is never SOLACE chapter and become part of any pressure to offer assistance — partici- • Facilitator a statewide community of legal profes- pation is purely voluntary. sionals who assist fellow practitioners in SOLACE will not seek cash contribu- • Fact Finder times of need. tions from participants. The program is an opportunity to offer clothing, housing, • 20+ years experience What is SOLACE? transportation, medical community con- • New England ADR Superlawyer FORD MEDIATION SOLACE is an email based network tacts and a myriad of other contributions • Former Trial Lawyer of legal professionals in Massachusetts to those in need. www.FordMediation.com “Every case can be who are interested in helping other mem- Contact Fran Directly at bers of the Massachusetts legal “family,” How to join settled with hard work 508-791-7776 or including lawyers, paralegals, legal assis- Email Patrick Curran at mass.solace@ and an open mind.” [email protected] tants and legal staff, court personnel and gmail.com to join the Massachusetts SOL- anyone who works in the legal profession. ACE chapter, and be a founding member [email protected] 35 Harvard Street, SOLACE harnesses the backgrounds and along with the Federal Bar Association, (617) 795-2425 Worcester, MA 01609 (free parking at the door.) connections of its members to provide the Massachusetts Bar Association, the www.RothADR.com critical assistance in times of need. Association of Legal Administrators and other legal industry organizations. How SOLACE works Join today and give yourself the Lawyer assistance You will receive an email from the chance to help your fellow members of SOLACE administrator when someone in the legal community. ■

C M NEVER AGAIN WILL A LAWYER Y CM HAVE TO SAY THERE WAS MY CY NOWHERE TO TURN. CMY

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Bar Seen Snapshots from around the MBA

Middlesex County Bar Association Holds Annual Banquet lawyer assistance The Middlesex County Bar Associ- ation’s 113th Annual Banquet was held on Thursday, Nov. 7, in Stoneham. MBA President Douglas K. Sheff, who Your law spoke at the annual event, said “The MBA and the Middlesex Bar Associa- practice advisor. tion are really first cousins ... so we Assisting Massachusetts attorneys in establishing share a lot of the same DNA. We also and institutionalizing professional office practices share values, philosophy and heart. and procedures to increase their ability to deliver We’re cousins, and I know that every- Photo courtesy of Middlesex County Bar Association high-quality legal services, strengthen client one at my table is proud to have a seat relationships, and enhance their quality of life. at yours.” Sheff (right) is pictured with Middlesex County Rodney S. Dowell, Esq. Bar Association President Phil Privitera. Director, LOMAP MBA Leaders Attend South Asian Bar Association’s Gala FREE I CONFIDENTIAL I PRACTICAL I SOLUTIONS Dinner & Awards

MBA leaders attended the South Asian Bar Association of Greater Boston’s Annual Gala Dinner & Awards event on Nov. 20. MBA An LCL, Inc. Program President Douglas K. Sheff, who was a featured speaker at the event, told dinner attendees that he is “proud Photo courtesy of SABAGB 888.545.6627 | 31 MILK STREET, SUITE 810, BOSTON, MA 02109 | [email protected] | WWW.MASSLOMAP.ORG that you are our partner in a common quest for justice, inclusivity, and MBA Vice President Martha Rush O’Mara strong and equal voice for all.” attended SABAGB’s event. Rush O’Mara is pictured right, with SABAGB President Manisha Bhatt. Massachusetts Lawyers Journal | January 2014 15

At-A-GlAnce MBA CLE jAnuARy continuinG leGAl educAtion pRoGRAMs By pRActice AReA

F acU ltY SPOtliG ht lAw pRActice MAnAGeMent Law Practice Management for Family Law Practitioners Wednesday, Jan. 22, noon–1 p.m. michael t. marOneY, eSq. MBA, 20 West St., Boston Holland & Knight LLP, Boston Faculty: Gabriel Cheong, Esq., program chair Moderator Infinity Law Group LLC, Quincy View From the Bench Series: Appellate Practice Amy K. Vaughn, Esq. Ryan & Faenza, Walpole GABRiel cheonG

Maroney, a Hingham resident, is a partner in the litigation department of the Boston office of Holland & Knight LLP, where he has a broad complex litigation practice, with particular focus on contract disputes, business torts, toxic and mass torts, product liability, insurance coverage, construction, real estate, and environmental cost recovery and property damage. He began his career as an associate in the litigation department of a large law firm in New York City and served for two years as a law clerk to United States District Judge George A. O’Toole Jr., of the District of Massachusetts. Prior to studying law, Maroney Business lAw worked as a grants program manager for the United States Department of Justice. He has been named a Lifecycle of a Business Rising Star by Massachusetts Super Lawyers magazine and has published several articles focused on vari- ous litigation issues. Part II: Land Use/Permitting, Insurance Considerations and Business Financing judiciAl AdMinistRAtion Tuesday, Feb. 4, 5–7 p.m. lAw pRActice MAnAGeMent MBA, 20 West St., Boston Managing Your Work MBA’s A View from the Bench Faculty: Series: Appellate Practice Nancy D. Adams, Esq., chair Search Process Mintz, Levin, Cohn, Ferris, Glovsky & Popeo 8-session series Wednesday, Jan. 22, 4:30–6 p.m. PC, Boston Session IV Reception: 6–7:30 p.m. Stephen Chow, Esq. Burns & Levinson LLP, Boston Tuesday, Jan. 21, 10 a.m.–noon MBA, 20 West St., Boston Ilana Quirk, Esq. nAncy d. MBA, 20 West St., Boston Faculty: AdAMs Kopelman & Paige PC, Boston Session V Michael T. Maroney, Esq., moderator

Tuesday, Feb. 4, 10 a.m.–noon Holland & Knight LLP, Boston MBA, 20 West St., Boston Hon. Sandra L. Lynch Lifecycle of a Business U.S. Court of Appeals, First Circuit, Boston Session VI Hon. Margot Botsford MichAel t. Part III: Employment and Tuesday, Feb. 18, 10 a.m.–noon MARoney Supreme Judicial Court of Massachusetts, Boston MBA, 20 West St., Boston Business Litigation Matters Hon. Peter J. Rubin Massachusetts Appeals Court, Boston Monday, Feb. 24, 5–7 p.m. Faculty: MBA, 20 West St., Boston Dasha Tcherniakovskaia FRE Faculty: Lawyers Concerned for Lawyers, Boston s e r i e s Tamsin R. Kaplan, Esq., chair E Davis, Malm & D’Agostine PC, Boston Jonathan D. Plaut, Esq. Chardon Law Offices, Boston tAMsin R. KAplAn

Supreme Judicial Court Rule 3:16 requires all iMMiGRAtion persons newly licensed to practice law in Massa- chusetts on or after September 13, 2013 to com- EB5 Nuts and Bolts: plete a one-day Practicing with Professionalism Course. The Basics of the Investment As the only approved provider offering the Visa Program course in multiple locations statewide, the Massa- Tuesday, Feb. 6, 3:30–5 p.m. chusetts Bar Association is committed to ensuring Catuogno CT Reporting, 255 State St., Boston that newly-licensed attorneys enter the profession in good standing by offering an affordable and Faculty: #CLe @MassBar convenient means of satisfying this rule’s require- Alan Pampanin, Esq., program chair ment. Pampanin Law Office, Cambridge Thursday, Jan. 23, 8:30 a.m.–5:30 p.m. Steven A. Clark, Esq. Follow us on Twitter for UMass Boston, 100 Morrissey Blvd. Flynn & Clark PC, Cambridge Ryan Lounge, McCormack Hall Bennett Savitz, Esq announcements about Savitz Law Offices, Boston

Thursday, Feb. 13, 8:30 a.m.–5:30 p.m. AlAn pAMpAnin upcoming CLEs ... and more. UMass Medical School 55 Lake Ave. North, Worcester, MA Seminar with real-time webcaSt

ReGisteR online At www.MAssBAR.oRG/cle oR cAll (617) 338-0530. 16 Massachusetts Lawyers Journal | January 2014

PREDICTIONS Continued from page 1 GREAT EXPECTATIONS

Access to Justice FAmily lAw JudiciAl AdministrAtion Two significant trends will force changes in the prac- The one con- The new amendments to Rules 16, 26, 34, 37 and 45 of tice of law in Massachusetts: growing income inequal- stant in the the Massachusetts Rules of Civil Procedure address- ity, and the aging of our population. When the ratio practice of ing discovery of of the aver- family law is electronically age household change. We pre- stored informa- income of the dict that fam- tion (ESI) will richest 20 per- Michael I. Flores Jennifer R. Clapp ily law practi- have a substan- cent of house- tioners will en- tial impact on holds to the counter at least the following two changes in 2014: the administra- John J. Morrissey Michael T. Maroney poorest 20 per- tion of justice in Isabel Sara Raskin Susan G. Anderson 1. As of Jan. 1, 2014, the Massachusetts Rules of cent is com- the commonwealth. The amendments went into effect Domestic Relations Procedure changed to reflect pared, Massachusetts ranks eighth in income inequal- on Jan. 1, 2014, and the rules apply in all courts and the SJC’s amendments to the Rules of Civil ity, with the poorest losing income from the 1990s to proceedings governed by the Massachusetts Rules of Procedure. Primarily, the procedural rule changes the mid-2000s, the next bracket gaining less than 10 Civil Procedure. Accordingly, attorneys will need to affect how family law practitioners request and percent and the top bracket gaining three times that. review the rules and incorporate them into their prac- produce electronically stored information (ESI) as Simultaneously, Massachusetts’ population is becom- tice. part of contested cases. The new rules also clarify ing older (by 2030, 25 percent will be 60 and older), • • • how attorneys and the courts contend with the inad- which will likely lock in these disparities for many vertent disclosure of privileged information as part One new trend in the legal land- people. of discovery. scape of our state and federal Those factors put obvious strains on programs that court systems is the recent filing 2. There will be changes in how the courts enforce the provide civil and criminal legal services to the poor- and assignment of mass tort cases, provisions of the Alimony Reform Act of 2011 as est. Additionally, though, as the middle class is more involving trans-vaginal mesh the appellate courts issue decisions interpreting the and more stretched thin, the private sector market for (TVM) products, dialysis products act over the course of 2014. legal services is also strained. Firms that serve this Don Grady and contaminated pharmaceuti- cal compounding products. These market — primarily small firms and solo practitioners HeAltH lAw — will have to adapt to a new economic reality, and three claims have spawned federal multi-district lit- find new and creative ways to provide personal, cost- As we see and hear in the daily igations: two of the MDLs which have been locally effective legal services. news reports, the areas of health assigned to federal justices sitting in Boston. TVM care and health law are constantly state court actions against Boston Scientific have been consolidated in a specially created civil session civil litigAtion evolving and changing. The com- monwealth’s implementation of in Middlesex Superior Court and have been assigned Discovery issues related to elec- federal health care reform will con- to Judge Judith Fabricant. Superior Court Judge May- tronically stored information, so- J. Michael Scully tinue to be a “hot” topic and con- nard Kirpalani has been assigned to Granuflo/Dialy- called “ESI,” are likely to gath- tinue to affect many areas of health sis actions that have been filed against Fresenius and er steam in the new year, partic- law. The expanded use of health care information tech- its holdings in Middlesex Superior Court. ularly in Massachusetts where nology, including health care information exchanges, These cases involve rulings and procedures that vary amendments to the Rules of Civil and its attendant efficiencies, risks and potential prob- greatly from the standard tracking order process Procedure regarding e-discovery Holly M. Polglase lems, will also be an important area for patients, pro- for the majority of civil actions. Special procedural took effect on Jan. 1, 2014. These viders and health law lawyers in 2014 and beyond. rules and orders have been instituted in the specially amendments provide new requirements and guid- assigned Middlesex sessions. Expanded technological ance for state court litigants and are modeled in part immigrAtion lAw systems in the filing of court documents, pleadings upon the existing federal rules governing e-discovery. and motions has been instituted on a higher and more Courts, attorneys and clients will be forced to grap- If there is one sophisticated level within the Massachusetts Superi- ple with a quickly changing litigation landscape as the new issue that or Court system for these mass tort cases in compar- new rules become part of the practice; existing tech- all immigra- ison to other forms of civil actions. Coordinated dis- nologies, such as predictive coding, potentially gain tion attorneys covery efforts have been instituted in the representa- broader judicial acceptance; and newer technologies are looking for- tion of the parties and between the federal and state emerge. In addition, there will likely be a continuing ward to in the courts handling these issues. On the practice level, the focus on client data retention and preservation poli- next year it is Michael D. Greenberg Alan M. Pampanin handling of these matters requires an in-depth knowl- cies regarding ESI. E-discovery will likely impact us the prospect of edge of the procedural rules and orders instituted by all in the coming year. comprehensive immigration reform. Last year we the courts and sessions to handle this volume of work. had the impact of the end of DOMA and its effect on Given Massachusetts’ leading position within the bio- same-sex marriage issues in immigration. There are technology/medical device and pharmaceutical indus- criminAl lAw certainly issues with detention and removal. Howev- tries, this trend in filing mass tort actions in Massa- er, the big issue is whether we can achieve some legal- This is going to be an exciting year for criminal jus- chusetts, on the state and federal level, will continue ization for the millions of people here without status tice practitioners in Massachusetts. Here are just a to grow and expand. few questions we can expect to be answered by the and some peace for their families. Supreme Judicial Court in 2014. (1) Is the law that Juvenile & cHild welFAre expanded the jurisdiction of the Juvenile Court to indiv. rigHts & responsibilities On Aug. 6, 2012, Governor Deval L. Patrick signed individuals who are 18 years old, rather than 17, ret- The rise of 3D House Bill 4332, An Act Relative to Students’ Access roactive to cases that were pending when the law printing coupled to Educational Services and Exclusion from School went into effect? (2) Are the provisions of the “Three with the growth as Chapter 222 of the Acts of 2012. The new law adds Strikes Law” that changed the amounts of controlled in crowdsourc- procedural and reporting requirements for student substances necessary to qualify as trafficking retroac- ing will make suspensions and expulsions. It will also require school tive to cases pending when that law went into effect? way for the districts to pro- (3) Are current police and court procedures sufficient Michelle A. Keith Richard W. Cole beginning of a vide students to prevent the wrongful convictions of innocent indi- Digital Indus- excluded from viduals based trial Revolution affecting consumer goods, medi- school for dis- on eyewitness cal and transportation industries. While IP theft will ciplinary rea- misidentifica- rise, the ability of individual designers, ordinary cit- sons with the tions? (4) Does izens and university researchers to extend the supply opportunity to the scheme for Marlies Spanjaard Jessica Berry chain through innovation will create new paradigms, make academic c o m m u n i t y especially for STEM training and investment. Within progress. Currently, a regular education student who parole super- Radha Natarajan Adam J. Foss the medical industry, scientists have already modified is excluded from school does not have the right to any vision for life 3D printers to “bioprint” tissues and organs from stem educational services. The Department of Elementary violate the doctrine of Separation of Powers? We look cells. Within transportation, where weight is gold, 3D and Secondary Education will be issuing regulations forward to hearing what the court has to say about printing of lighter weight or replacement engine parts to address the new responsibilities of school districts these important issues. will allow on-site manufacturing. Control over both under the new law, which will take effect on July 1, corporate and personal data will spark greater govern- 2014. ment regulation, global debate and a larger scale type of the “Occupy Wall Street” movement. Massachusetts Lawyers Journal2014 | January 2014 PREDICTIONS 17

lAw prActice mAnAgement the media. The transparency debate will play out at a we should be seeing many of the changes being imple- time of escalating contentiousness between citizens and mented in 2014. It appears that the CFPB will incen- The most impactful factors of 2014 will be the fur- governmental bodies, posing enhanced challenges and tivize this in light of its announcement of compliance ther increase in the number of lawyers competing for opportunities for public counsel working to maintain guidelines and other information to help the industry the same busi- governmental understand, and implement the rules, which will be ness and a fur- functions while released over the “coming months.” ther integration encouraging of technology civil discourse sole prActitioner & smAll Firm into lawyers’ with citizens. We predict a growing need, and continuing trend, and clients’ Local and state of networking and collaboration for sole practitio- r e s p e c t i v e governmental Cynthia E. Damian J. Turco Brian C. O’Donnell David Hadas ners and attorneys at small firms. By the nature of lives. How we bodies will also MacCausland their practices, communicate consider whether limited financial resources neces- these attorneys with clients, prospective clients, colleagues, adversar- sitate the increased use of public private partnerships — who consti- ies and others will evolve at an increasing speed and for carrying out traditional governmental functions in tute the majori- our practices will need to adapt accordingly. areas such as construction, education, social welfare ty of lawyers — services, etc. Because 2014 is a statewide election year benefit greatly lAbor & employment we are certain to hear candidates addressing these top- from establish- ics with a variety of proposals. Scott D. Goldberg Beth M. Padellaro There are a ing networks of number of bills colleagues who they can contact for assistance with currently in the reAl estAte issues such as developing theories of a case, review- House and Sen- Since many of the Probate registries have been in the ing sample pleadings, and referring potential clients ate, any one of process of relocating Probate dockets off-site, title to more experienced attorneys and attorneys who which, if passed, examiners have had great difficulty accessing those concentrate in a specific area of law, to name just a Sheryl D. Eisenberg John F. Tocci would likely records. The Probate registers have become aware few. Additionally, this network of sole practitioners lead to an uptick of this problem and are in the process of developing and small firm lawyers furthers connections and con- in compliance activity and in litigation — among some uniformity for access procedures. We are hope- geniality across the bar. The SPSF council is work- them, the following: ful that this will be resolved in 2014. ing toward developing a network system where sec- • House Bill 1739, which would require employers tion members can better, and more easily, assist one In 2013, the effects on foreclosures by the Ibanez and another. to provide paid sick leave to employees; Eaton cases, as well as the revisions of M.G.L. Ch. 244 • House Bill 1774/S 865, which would, among by way of the Prevention of Unlawful and Unnecessary young lAwyers division other things, amend the Massachusetts Maternity Foreclosure Act, were making their way into decisions Leave Act to apply to males and part-time in the courts of the commonwealth and the U.S. Bank- We think that the economy will continue to affect employees; and ruptcy Court. The validity of foreclosures should still young lawyers in 2014. New lawyers will have a hard- • Senate Bill 856, which would regulate the use of be the basis for many of the decisions coming before er time finding their first jobs than new lawyers did a non-competition/non-solicitation agreements. the courts in 2014. decade ago, and all young law- The Consumer public lAw yers will strug- Financial Pro- gle to find con- Issues related to governmental transparency will con- tection Bureau sistent streams tinue to be actively debated in 2014. In particular the (CFPB) promul- of work, wheth- Massachusetts Legislature is expected to review multi- gated its “final” er they practice Brian Bialas Courtney Shea ple proposed amendments to the Public Records Law, regulations that on their own or at which may be well intended with regard to shedding impact RESPA Michael E. Katin Andrea A. Hickey a firm. That is why it is especially important for young light on governmental operations, but also increase and the Truth in lawyers to participate in professional organizations like demands on the resources of municipal and state agen- Lending Act in November. Although these regulations the Massachusetts Bar Association to develop contacts, cies to respond to records requests from citizens and are not scheduled to go into effect until August 2015, which can lead to jobs and new business. n 18 Massachusetts Lawyers Journal | January 2014

MASSACHUSETTS BAR FOUNDATION Keeping the promise of justice since 1964

BUILDING A STRONG FOUNDATION 2014 MBF AnnuAl Meeting thursday, Jan. 23, 5:30–7:30 p.m. Why I give Social law library “I am happy to participate in John Adams Courthouse, Boston the MBF’s grant process each Help us kick off our 50th Anniversary at the 2014 MBF Annual Meeting! Join the year, because of the importance MBF, fellows, grantees and friends as we of the MBF’s mission to support get together to celebrate all that we have accomplished this year in our efforts to organizations that provide increase access to justice in the common- critical legal resources to the wealth. The celebration will include the presentation of the Great Friend of Justice poor and disadvantaged. I think Award, given to a community member who has demonstrated extraordinary pas- lawyers have a responsibility to sion for justice, consistent with the MBF’s Michael E. Mone, Esq. assist in these efforts and it is a values and mission. This year, the MBF is proud to honor Attorney Michael E. Mone great honor to be able to help.” of Esdaile, Barrett, Jacobs & Mone, for his exemplary contributions to the Massachusetts legal community and commitment to pro bono Robert S. Molloy service. Senior Vice President and General Counsel Destination XL Group Inc., Canton lynch elected to national board MBF Executive Director Elizabeth M. Lynch was recently elected president-elect The MBF Society of Fellows includes Massachusetts attorneys and judges who are committed to giving back to the profes- of the National Conference of Bar Founda- sion and supporting legal services for the poor in our state. To learn more, or to join, visit www.MassBarFoundation.org. tions (NCBF). The NCBF is the profession- al organization for bar foundation staff and volunteers who serve the more than 200 The philanthropic community for lawyers and judges local, state and specialty bar foundations throughout the nation. Beth has served as STATEWIDE an NCBF trustee since 2009. Elizabeth M. Lynch thank you to our newest fellows Foundation Fellows louis d. Brandeis Fellows Mary Lu Bilek Bret A. Cohen UMass School of Law at Dartmouth Mintz Levin PC, Boston N. Dartmouth Alfred Geoffrion Jr., Esq. Lesley Chuang Law Offices of Alfred Geoffrion Jr. MASSACHUSETTS BAR FOUNDATION Revere Springfield Learn more at www.MassBarFoundation.org Jennifer K. Dieringer Catherine E. Reuben Community Legal Aid, Northampton Hirsch Roberts Weinstein LLP, Boston The Massachusetts Bar Foundation is the commonwealth's premier legal charity. Founded in 1964, the MBF is the philanthropic partner Judith M. Flynn oliver wendell Holmes Fellow of the Massachusetts Bar Association. Through its grantmaking and charitable activities, the MBF works to increase access to justice for Elder Law Office of Judith M. Flynn Rockland Robert S. Molloy all Massachusetts citizens. There is role for every lawyer and judge in the MBF to help safeguard the values of our justice system — to Destination XL Group Inc., Canton ensure that equality under the law is a reality, not just an ideal. Visit our website to learn more about our work and to get involved.

www.MassBarFoundation.org 10 New Year’s resolutions for your practice admit we were wrong, but if something wasn’t Look beyond the resumes and make sure your out more than you take in this year. By Damian J. Turco working all that well, you are better off accept- candidates match your firm’s culture. 2. Make better friends. Business con- ing it now and moving on to something better. 5. Get outside your comfort zone. There tacts can be great, but the type of contact that How could 9. Take a risk or two in the New Year. are things in practice that you avoid because evolves into a true friend is rare. The fact is that I let the holiday Don’t bet the practice, but so long as you have you are simply not so comfortable doing them. having more people in this world with whom season pass with- the stability to make it, try out some creative Maybe that’s attending networking events or you have mutual trust, respect and admiration out a holiday- ideas this year. learning a new technology or taking a newly can provide more opportunities, while deliv- themed practice 8. Consider new technology. When better trending type of file. There was a time when ering balance and general satisfaction. Try to article? After de- to look into how new technology can make something you very much enjoy today was find more of it in 2014. bating between your life and practice better than at the begin- also outside your comfort zone and things 1. Find greater purpose. Satisfaction in this and another ning of the year? Research the latest trends only changed as a result of your confronting work and life comes easier when your focus is article, entitled and demo something new. it head on. on something greater than yourself. Whether “Fa-la-la-la-la, 7. Make sure you have balance. Work, 4. Stop wasting time on things that aren’t it’s volunteering your time with a charitable La-la-la-law Prac- work, work. Okay, it’s good to have work, but moving your practice or life forward. How organization, committing to do some pro bono Damian J. Turco tice Management you’ll be unhappy unless you have the balance many hours did you spend last week on some- work, mentoring a new lawyer or just resolv- Ideas for the New that really only comes with a balance between thing that did not provide you with actual ing to elevate the practice of law at every op- Year,” I decided people like reading about work and personal interests. Make sure you progress? Take a hard look at your processes portunity, dedicate some meaningful time to a resolutions, and perhaps you’ve been trying do! and controls and figure out whether some un- greater purpose in 2014. You’ll be happy you to figure out just how you can improve things 6. Hire people who match your firm’s productive tasks can be cut out, automated or did. ■ in 2014. Here I’ve brainstormed some crafty culture. A firm’s culture is a direct reflection outsourced. ideas to help inspire your own creative think- of the people who work there. Why? You 3. Thank people. Your staff, your col- Damian Turco owns Mass Injury Firm PC, a Boston-based ing. can tell employees how to behave, but if you leagues, your clients, your referral sources, personal injury law firm, representing the victims of 10. Be honest about your marketing’s ef- hire employees who already behave how you your adversaries (yes, even your adversaries) negligence across Massachusetts. Damian is the vice fectiveness in 2013. It’s easy to continue with would like, then no time, effort or resources and whomever else helps you out. People like chair of the Law Practice Management Section Council the status quo, and we generally don’t like to are needed to make sure the culture continues. being appreciated, including you. Try to give and is a regular presenter at MBA CLE courses. Massachusetts Lawyers Journal | January 2014 19 ND

Notable a Quotable M ba M e M bers iN the Me D ia

Bulger conviction

This is not purely ceremonial, and its applicability is very real. The “ appeal doesn’t just disappear and the case isn’t merely dismissed,“ but everything associated with the case is extinguished, leaving the defendant as if he had never been indicted or convicted.

MBA Chief LegAL CounseL And Chief operATing offiCer MArTin W. heALy BosTon herALd, nov. 18, 2013 Following the sentencing of mobster James “Whitey” Bulger and news of Bulger’s subsequent ap- peal, Healy told the Boston Herald that Bulger’s death in prison would be “a game-changer,” explaining that if Bulger passes away while his appeal is pending, his death frees him of any murder convictions, according to a doctrine honored by state and federal courts for 110 years. Healy was also quoted in Massachusetts Lawyers Weekly about Bulger’s conviction, where he said: “The trial was truly startling in that it unveiled publicly on the record the complete depth and depravity of federal corruption and protection offered to organized crime figures over the past decades.”

Blue ribbon Commission on Judicial salary increases

Criminal Justice Compensation They (judges) take an emotional hit every day making “ hard decisions on cases that come before them. how much are we going to invest in making sure peo- “ “ i think it is right that they are treated differently. ple are properly prosecuted and defended? We owe it to “ MBA Chief LegAL CounseL MArTin W. heALy ourselves to use this commission to make it right. springfieLd repuBLiCAn, nov. 10, 2013

MBA presidenT dougLAs K. sheff, BosTon Business JournAL, deC. 12, 2013 Higher pensions as a result of the judicial salary in- crease could contribute to a significant amount of ju- Sheff spoke to the Boston Business Journal about the dicial retirements in 2014, the Springfield Republican MBA’s newly appointed Blue Ribbon Commission reported. In the story, Healy cited estimates he’s heard on Criminal Justice Compensation and bar members’ that 45 to 70 judges could retire next year. In addition, concerns about “whether Massachusetts salaries dis- Healy said he sensed renewed optimism from judges as courage many talented lawyers from seeking [work] in a result of the raise — the first for judges since 2006. the public sector.” MBA Chief Legal Counsel Martin W. Healy was also quoted in the article, referencing the MBA’s 1994 “Striking a Balance: Adequate Compen- sation-Effective Representation” report, which “helped drug lab, dookhan sentencing prompt legislators to increase the hourly rate paid to private attorneys doing court-appointed work among other changes.” Healy and Sheff were also fea-

tured in the Patriot Ledger’s Dec. 12 coverage of the MBA’s Blue Ribbon Com-

mission, where Healy said, “Massachusetts has lagged behind” on criminal justice compensation. Business trade secrets “ This case is all about a company that had a lot

“of hope and promise, but didn’t have any profits. This is one chapter in a continuing saga. The

MBA viCe presidenT ChrisTopher p. suLLivAn, “legal community and the general public still have a MAssAChuseTTs LAWyers WeeKLy, deC. 5, 2013 number of unanswered questions about what’s gone “ Sullivan, a partner at Robins, Kaplan, Miller & Ciresi LLP, provided out- side commentary in an article about oral arguments on here. how deep was the problem? is it really just in a trade secret case, LightLab Imaging Inc. v. Axsun Technologies Inc., et al., heard by the Supreme Judicial isolated to dookhan or does it go beyond that? Court. The appeal involved a trial court judge’s deci- MBA Chief LegAL CounseL And Chief operATing offiCer MArTin W. heALy sion to exclude an expert’s testimony on future lost BosTon gLoBe, nov. 22, 2013 profits. Calling the issues “fascinating,” Sullivan, who Annie Dookhan, a former William Hinton State Drug Laboratory chemist was not involved in the case, said the outcome could who was charged with falsifying drug tests, pled guilty to 27 charges on Nov. affect the ability of start-up companies to collect dam- 22. Dookhan was sentenced to three to five years in prison. In addition to ages for predicted future lost profits. appearing in the Boston Globe, Healy was also quoted by the New York Times, where he said: “That’s just the tip of the iceberg. The total costs could reach Where available, news clips — including audio/video — can be found on our website at $100 million over the years ... no one comprehended that this would snow- www.massbar.org. ball the way it has.” 20 Massachusetts Lawyers Journal | January 2014

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